Last Revised: August 3, 2011
This Gift Card Service Agreement ("Agreement") is entered into by and between GoDaddy.com, LLC ("GoDaddy"), a Delaware limited liability company and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GoDaddy's Gift Card service and its related services (collectively, the "Card") and represents the entire agreement between You and GoDaddy concerning the subject matter hereof. By purchasing the Card, You acknowledge You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that GoDaddy may establish from time to time, in its sole discretion, and any agreements that GoDaddy is currently bound by or may become bound by in the future. Such Agreements may be found here. All GoDaddy policies and agreements related to Your use of the Card are incorporated herein and made part of this Agreement by reference.
1. The service
GoDaddy grants You a non-exclusive license to use the Card, provided, however, that You abide by the terms and conditions set forth herein and in each of GoDaddy's policies and procedures.
The Services generally allow You to:
- credit funds of at least two dollars ($2.00) to a non-reloadable, non-personalized pre-paid gift card;
- give the Card to the recipient of Your choice; and
- redeem for goods and services from GoDaddy except to purchase another gift card, an auction membership, a product that would include a free auction membership, or any offer that excludes purchase by gift card
The Card is a non-reloadable, non-refundable, non-personalized prepaid gift card, and may not be re-sold, transferred, redeemed for cash or applied to any account, except to the extent required by law. The Card is not an account, does not earn interest, and is not FDIC insured. The Card is not a credit card. You authorize us to pay all transactions made using the Card with the funds credited to the Card. You agree to use the Card only as provided in this Agreement and in accordance with applicable law. You agree the amount of funds shown on our records regarding the Card will determine the balance on the Card. Once the Card balance reaches zero dollars ($0), all transactions will be declined. In any case where the recipient of the Card is given value through the use of the Card greater than the remaining balance, You will pay us on demand the amount by which the transactions exceeded the balance.
You may give the Card to any recipient, however in order for the recipient to redeem the value credited to the Card, they will have to create an account with GoDaddy and agree to any policies and agreements related to the product or service purchased.
The Card is like cash in that it may be used immediately without identification. You agree to use Your best efforts to protect the Card against loss, theft, or unauthorized use. You may call customer service to report a lost or stolen Card. At our discretion, a replacement Card may be issued, less any applicable fees.
Availability of Services
Subject to the terms and conditions of this Agreement and each of GoDaddy's policies and procedures, GoDaddy shall use commercially reasonable efforts to attempt to provide sales and redemption of the Card (collectively the Services) on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that GoDaddy may undertake from time to time; or (iii) causes beyond the reasonable control of GoDaddy or that are not reasonably foreseeable by GoDaddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that GoDaddy has no control over the availability of the Services on a continuous or uninterrupted basis.
GoDaddy reserves the right, in its sole discretion, to deem any value on a Card not redeemed within five (5) years from purchase date to be expired.
2. GoDaddy 's rights and restrictions
GoDaddy explicitly reserves the right and sole discretion to:
- modify its pricing, if desired by GoDaddy ;
- review Your use of the Services for fraudulent or inappropriate use, if applicable, and to terminate Your use of the Services or apply additional fees if You violate these terms of service;
- establish limits and guidelines concerning the use of the Services;
- terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of GoDaddy, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that GoDaddy determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against GoDaddy or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
- terminate Your use of the Services if You have not accessed or logged into it for more than ninety (90) days.